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Section 11.05 of the City of Brunswick Charter reads, in part "Upon the receipt of a petition, circulated by a resident of the City, signed by not less than ten (10) percent of the electors of the City and filed with the Finance Director, setting forth any proposed amendment or amendments to this Charter, the Council shall forthwith submit such proposed amendment or amendments to the electors in accordance, in each instance, with the provisions of Ohio Law now or hereafter in effect. "

Please pay particular attention to Law Director Tim Reid's comments about how City Council might be able to deny citizens their right to vote on the issue even though the signatures were certified by the Board of Elections and ask yourself who on Council or in the Administration asked him to look into this possibility. Mr. Reid was referring to dates on signatures in the format of "Month-Day" instead of "Month-Day-Year".

COMMITTEE-OF-THE-WHOLE MINUTES

AUGUST 19, 2002

(6:35 p.m. Meeting)

IN ATTENDANCE: Vice Mayor Tom Miller, Colette Beineke, Susan Hambley, Kathleen Malinak, John Rocha, Dale Strasser, Dave Wadsworth, City Manager William Schuchart, Mayor Hanes, Tim Reid, Jeanne Zerga, Bill White, Walter Tabar, Robert McCafferty, Nicole McKinley, Karla McIntosh, Jessica, Council Clerk Barbara Roth and News Media.

The Committee-of-the-Whole Meeting convened at 6:35 p.m.

RES. NO. 97-02 - AN EMERGENCY RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE CUTTING OF NOXIOUS WEEDS IN THE CITY OF BRUNSWICK.

RES. NO. 97-02 - Mr. Strasser moved this resolution to the Council Agenda of August 19, 2002 as an emergency, with suspension of the rules. Vote - 7 Ayes, 0 Nays.

ORD. NO. 98-02 - AN ORDINANCE APPROVING THE PLAN OF OPERATION AND GOVERNANCE FOR THE NOPEC GAS AGGREGATION PROGRAM FOR THE PURPOSE OF JOINTLY ESTABLISHING AND IMPLEMENTING A GAS AGGREGATION PROGRAM AND DECLARING AN EMERGENCY

ORD. NO. 98-02 - Mrs. Beineke moved this ordinance to the Council Agenda of August 19, 2002 as an emergency, with suspension of the rules. Vote - 7 Ayes, 0 Nays.

RES. NO. 99-02 - AN EMERGENCY RESOLUTION TO SUBMIT TO THE ELECTORS OF THE CITY OF BRUNSWICK, OHIO, PROPOSED CHARTER AMENDMENTS TO THE BRUNSWICK CITY CHARTER

Mr. Miller explained, the reason this resolution was being done as an emergency was to get it on the next ballot for the General Election. Mr. Miller informed, there were enough signatures on the petition to have it on the ballot. Mr. Miller felt the voters deserved a chance to have an opportunity to vote on this issue. It was also brought up that the City had an Interim City Manager and this may as well be put to the electors at this point. If the amendment was successful, City Council would have to decide what to do for the next twelve to fourteen months while this gets into place. If it was not successful, Council will have a better chance of recruiting a City Manager that was not looking at a City that was in disarray.

At this time, Mr. Reid explained the Board of Elections looked at the petitions and told the City that they ruled off some of the names. The Board of Elections has publically stated there were sufficient signatures. However, the truth of the matter was that Brunswick City Council and the Finance Director decided if there were sufficient signatures on the petitions. Mr. Reid pointed out, there were a number of petitions that did not have a complete date. Further, the Board of Elections has tossed this back into the City’s lap. Mr. Reid noted, there were no clear cut rules. Mr. Reid stressed, Council could technically challenge those dates. Mr. Reid was not sure if it would stand up in court or not. Mr. Reid advised, it would be Council’s decision.

Mrs. Zerga distributed the petition sheets in question for Council to review.

Mr. Miller stated, he did not know why Council should hold themselves to a higher standard than the Board of Elections has chosen.

To Mrs. Hambley’s question as to what exactly the Board of Elections verified, Mr. Reid answered, the Board of Elections verified signatures. Mr. Reid clarified, he wanted to make sure Council was aware there were a few technicalities with some of the petitions. However, Mr. Reid stated, Council did not have more authority to discard signatures than the Board of Elections. The Board of Elections did not have any guidance on this issue.

Mrs. Beineke voiced, she did not like putting this resolution on as an emergency. It was explained, the group that was sponsoring this legislation was the same group that came up to Council Meetings and fought against emergency legislation.

Mr. Reid informed, any legislation not passed as an emergency will not take effect for thirty days.

Further, Mr. Reid stated, sixty days before the election was September 6, 2002.

Mr. Miller stated he would vote for this as an emergency. Each Council Member will have to decide how they will vote for this legislation.

Mr. McCafferty reminded Council of the additional costs for a special election.

Consequently, Mrs. Malinak commented, she resented the whole process and resented not having firm guidelines.

Mr. Strasser explained, if you look at the dates on the petitions as 6-20 without the year, it was common knowledge that anyone who used that for a date meant 2002, because that was when this issue was being petitioned.

Mrs. Hambley expressed, she supported the City Manager form of government. However, she will vote for the emergency and for the resolution to go onto the ballot.

Mr. Rocha mentioned, he felt if the petitions were collected, it should go on the ballot.

Mr. Strasser advised, he supported the City Manager form of government. The people took a lot of time and effort to pass this petition and Council could have put this issue on the ballot without the petitions. Council decided to allow the residents to go out there and collect the petitions. Therefore, Mr. Strasser will not be the one to stand in the way of this issue going on the ballot.

In addition, Mr. Wadsworth commented, he supported the City Manager form of government completely. Mr. Wadsworth felt the City Manager form of government turned the City around in the last twenty-five years. Also, Mr. Wadsworth expressed he resented the way the Citizens for a Better Brunswick has basically grid locked the City. It was pointed out that City Council was left with not being able to fill the City Manager position. This will limit the pool of candidates.

Mr. Wadsworth stressed everyone he has talked to was in favor of the City Manager form of government. It was believed by Mr. Wadsworth that this will be proved at the election. Meanwhile, Mr. Wadsworth felt Council was denied the ability to their job and fill the City Manager position.

Mr. Wadsworth questioned why the Citizens for a Better Brunswick waited so long to submit the petitions. Mr. Wadsworth stated a lot of time and money was spent in the City Manager hiring process.

Karla McIntosh stated she understood the frustration of the Board of Elections saying there was a gray area. Mrs. McIntosh informed, the Citizens for a Better Brunswick group went through a lot of the same frustrations in having to go about the process. The legal advisors would say to check with the Board of Elections, the Board of Elections would say to get legal advice or ask the Secretary of State’s Office and the Secretary of State’s Office would say to ask the City. It was explained this was a process that did not have a black and white guideline.

Regarding the process of hiring a City Manager, Mrs. McIntosh stated, the Citizens for a Better Brunswick did come to Council with this proposal in March. It was brought up, it could have been put on and resolved before the City Manager’s search. Further, Council preferred to see the signatures from the residents and it was accomplished. It bothered Mrs. McIntosh to hear how many of Council resented the fact that the Citizens for a Better Brunswick would do this. However, the State constitution gave the citizens the right to place an issue on the ballot and the City Charter reflected this right.

Mr. Wadsworth and Mrs. Malinak agreed with Mrs. McIntosh.

At this time, Mrs. Beineke stated, this was the second time she went through a charter change. The first time it went to the ballot. Mrs. Thesling reviewed the petitions in-house first. Then the petitions went down to the Board of Elections and more signatures were reduced. When it came back, it did have enough signatures. It went on the ballot and the people rejected it.

Mayor Hanes interjected, to just let the people decide what they want.

RES. NO. 99-02 - Mr. Strasser moved this resolution on the Council Agenda of August 19, 2002 as an emergency, with suspension of the rules. Vote - 7 Ayes, 0 Nays.

There being no further business Mr. Rocha moved to adjourn at 6:50 p.m. Vote - 7 Ayes, 0 Nays.

Respectfully submitted,

Barbara J. Roth, CMC